- (1.)THIS an application by Habib Ahmed Rizvi, Retired Extra-Assistant Commissioner, resident of Raipur, Under Sections 491 and 561-A, Criminal P. C. to set aside the order, dated 21st June 1949, of the Deputy Commissioner, Raipur, directing him to leave India for Western Pakistan within a period of three days.
(2.)THE case of the applicant is that he is a permanent resident of the Central Provinces. He held the position of Extra-Assistant Commissioner and retired in 1939. During the disturbances in 1947, the applicant's mother-in-law took his daughter to Karachi when her family shifted there. In March 1916 he went to Karachi to see his daughter and to make arrangements for her marriage. His wife and children remain, ed at Raipur which is his permanent home. In September 1948 when he was about to return to Raipur he found that the permit system had been introduced. He, therefore, made an application to the High Commissioner for India for a permit to return to Raipur on the ground that he is a national of the Indian Dominion. He was informed by the office of the High Com-missioner that it would take a fairly long time to grant a permanent permit. It, therefore, issued a temporary permit to the applicant for his return to Raipur. The permit was to expire on 80th December 1948.
(3.)HE came to Raipur in the beginning of October 1948 but left for Pakistan before the expiry of the permit. He first went to Dacca to see Some of his relations and then to Karachi where he stayed for a short time. He went back to Dacca and as he wanted to return to Raipur he saw the Deputy High Commissioner for India and informed him that he was returning to his permanent residence at Raipur. He gave the applicant an introductory letter addressed to the Deputy Commissioner, Raipur. He went to Raipur in the first week of February 1949 and saw Mr. R. D. Beohar, the Deputy Commissioner at Raipur, and gave him the letter of the Deputy High Commissioner, He told him that there was no objection to his stay in view of the letter of the Deputy High Commissioner. He has been living in Raipur since that time with his brother Shri S. W. A. Rizvi, M. t. A' He was arrested on 3rd June 1949 by the police Under Section 3 read with Section 6 of the Influx from Pakistan (Control) Ordinance, 1948 and removed to the Raipur Jail, Ha was released on bail by Shri N. P. Bharadwaj Magistrate, First Class. An incomplete challan was filed on 18th Juno 1949 and on 20th June 1949 the Magistrate directed him to appear before the District Magistrate between 9 and U A. M. at his bungalow or between and l p. M. in his Court on the same day. On 2isfc June 1919, ha was served with memorandum No. 0 146 over the signature of the D. S. P. , Raipur, conveying to him the order of the Deputy Commissioner Raipur, to leave the Dominion of India for Western Pakistan within three days. The bail bond wa3 cancelled by the Magistrate who passed the following order: Put up the case on 25tb June 1949 on which data application for withdrawing the proceedings be put up on fulfilment of the condition of the memo aforesaid. The accused is allowed to proceed to Pakistan as per memo received by him.